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KOPP v. RHINO ROOM, INC.

918 CA 19-01688.

192 A.D.3d 1690 (2021)

2021 NY Slip Op 01923

Harold D. Kopp, Respondent, v. Rhino Room, Inc., Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 26, 2021.

Attorney(s) appearing for the Case

THE KNOER GROUP, PLLC, BUFFALO ( ROBERT E. KNOER OF COUNSEL), FOR DEFENDANT-APPELLANT.

HODGSON RUSS LLP, BUFFALO ( HENRY A. ZOMERFELD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present —Carni, J.P., Lindley, Winslow, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiff's motion insofar as it sought summary judgment on the complaint and insofar as it sought dismissal of defendant's first counterclaim, and reinstating that counterclaim, and as modified the order is affirmed without costs.

Memorandum: Plaintiff and defendant own adjoining parcels of property, acquired in 1996 and...

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